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INSIGNIA OF THE DAUGHTERS OF THE AMERICAN REVOLUTION 

HJ'LVRING 

BEFORE THE m 

COMMITTEE ON PATENTS 

HOUSE OF REPRESENTATIVES 

SIXTY-FOURTH CONGRESS 
First Session 

ON 

A BILL TO EXTEND PATENT ON THE INSIGNIA OF THE 
DAUGHTERS OF THE AMERICAN REVOLUTION 



APRIL 5, 1916 



COMMITTEE OS PATENTS, 
House of Representati\'es. 

MARTIN A. MORRISON, Indiana, Chairman. 

JOSHUA W. ALEXANDER, Missouri. JOHN I. NOLAN, California. 

WOODSON R. OGLESBY, New York. WILLIAM H. CARTER, Massachusetts. 

CHARLES B. SMITH, New York. HENRY W. WATSON, Pennsylvania. 

JOE H. EAGLE, Texas. JAMES P. GLYNN, Connecticut. 

ROBERT CROSSER, Ohio. WILLIAM B. CHARLES, New York. 

JAMES V. McCLINTIC, Oklahoma. C. WILLIAM BEALES, Pennsj'lvanla. 
HENRY B. STEAGALL, Alabama. 

Robert H. Morrison, Clerk. 
E. I. Hunt, Assistant Clerk. 



WASHINGTON 
GOVERNMENT PRINTING OmOE jj: 

1916 ^Jg^ 

v. 



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D, of D. 
APR 21 1916 



INSIGNIA OF THE DAUGHTERS OF THE AMERICAN REVOLUTION. 



Committee on Patents, 

House of Representatives, 

Wedneftdai/. April 5, 1916. 
The committee met at 11 o'clock a. m. 

Present: Kepresentatives O^lesby (acting chaiiinaii ). Smith. 
Carter, and Glynn. 

Mr. Oglesby. Yon may proceed, Mr. Davis. 

STATEMENT OF HON. C. R. DAVIS, A REPRESENTATIVE IN CON- 
GRESS FROM THE STATE OF MINNESOTA. 

Mr. D.vMs. lliis bill is Senate -1889. It was introduced by Senator 
Clapp, of Minnesota, and it passed the Senate unanimously March 
17, 1916. 

The Daughters of the American Re^'olution was incorporated by 
an act of Congress of February 20. ISOG. Their present membership 
is about 100.000. 

In 1891 they obtained a patent, Xo. ■210.')3. ui)on what is known as 
their '* insignia." The patent has since expired and certain people 
throughout the United States are now using it in a commercial way. 
It is not a commercial proposition in an}^ sense of the word with the 
Daughters of the American Revolution; in fact, none of their mem- 
bers can legally wear it until they obtain it by a permit issned by the 
registrar general of the Daughters of the American Revolution. 

They desire now to extend this patent to as long a time as possible 
by this congressional act. The Senate passed this bill for a perpetual 
time, usiiig the words: '' Shall be pei'inaneutly renewed and extended, 
Avith all the rights and privileges extended to the same as of the 
original patent." 

Quite a number of good lawyers in the Senate claim that this is 
an exception to the rule, and that the Constitution does not apply 
to it, wherein the C(m,stitution says that Congress may issue patents 
for a limited number of years. 

I. therefore, being very uuich interested in the validity of this 
patent, if you do extend it. will say that if the committee does see 
fit to extend it for a liuiited nund)er of years, I do not care whether 
you make it 17, 25, or any number of years, instead of perpetually: 
then the Daughters can come again to ("ongress and obtain a further 
exten.si<m of it. although Senators Smoot and Clapp and other law- 
yers there claimed that the Constitution does not api)ly to this; and 
they ]iassed it uuauiuiou.sly in its present form. 

I think that is about all, ]Mr. Chairuiau. that I desire to say. Vou 
may strdce out. if yor. desire, the W(u-d " ptM-inaiientiy."" and jiut in 
for any number of years that you see lit. 

37180— IG Q 



4 IXSIGNIA OF THE DAUGHTERS OF THE AMEEICAN EEVOLUTIOISr. 

I am very anxious about this for quite a number of reasons : First, 
on behalf of the daughters, who are very anxious to have it, and 
then Mrs. Davis happens to be one of the vice president generals of 
the United States, and she is also chairman of the legislative com- 
mittee of the national society, to aid in obtaining for them such 
legislation as they desire. The daughters are very anxious to get 
this through as speedily as possible, because their Congress meets on 
the 17th of this month, and there will probably be anywhere from 
3,000 to 5,000 of them present, and they would like to be able to 
report the same as a law at this session. 

It is not a commercial proposition at all ; they exclusively handle it. 

Mr. Oglesby. Mr. Davis, do you know whether they get any 
royalty ? 

Mr. Davis. They do not. 

Mr. Oglesby. No royalty from the makers of this insignia? 

Mr. Davis. Not any sum whatsoever. 

Mr, Oglesby. All they want is to control it absolutely. 

Mr. Davis. To control it absolutely for the use of their own 
members, and their constitution and by-laws prohibit anything to 
the contrary. 

They simply hire a jeweler to make it for them, and he can not 
deliver one of the insignia except upon express order of the registrar 
general of the Daughters of the American Revolution when a new 
member comes in and wants an insignia. 

It is now being used, as I am informed, by some tanning factories 
in the west, called the " D. A. E. Brand," etc., and possibly the 
insignia also, because they are a very intelligent, dignified, and 
popular body of women throughout the United States. 

I have one of the insignia which was given me this morning to 
exhibit to this committee. That is all there is to it [exhibiting 
insignia to the committee]. They fix the price at exact cost, and no 
one is entitled to wear them except a daughter upon permit from 
the registrar general, and no one else can get them, but now they 
are hocldng them around the country. 

I think it is an extraordinary case. 

Mr. Oglesby. They have a design patent on this? 

Mr. Davis. Oh, yes ; that is it. 

Mr. Oglesby. And when does that expire ? 

Mr. Davis. It has expired already. There is a fac simile of tliis 
design in their by-laws, charter and constitution (exhibiting pam- 
phlet to the committee). This is the constitution I have been reading 
from. 

Mr. Carter. Have they more than one design ? 

Mr. Davis. No. 

Mr. Oglesby. When did it expire? 

Mr. Da^is. It was issued for 14 years, in 1801. 

Mr. Bradford. Issued September 22, 1891. 

Mr. Davis. For 14 years. 

Mr. Oglesby. You would not expect to sue anyone who manufac- 
tured this emblem since the expiration of the patent? 

Mr. Davis. They have not any design of that kind at all. They 
simply want to protect themselves in the futiu-e if they can. 

Mr. Oglesby. I do not think the Constitution would permit us 
to pass a law that would give you such right. 



INSIGNIA OF THE DAUGHTEES OF THE AMERICAN REVOLUTION. 

Mr. Davis. They do not want you to do anything like that. 

Mr. Oglesby. Mr. Davis, this matter was brought up in connection 
with one or two other bills for the extension of patents and the 
Chairman was present, and the committee had a tentative agreement 
at that time that they would take up the question at some time when 
we could get a full committee and discuss it in executive session, 
and decide whether we would consider special bills extending any 
{jatents. Unless there is some specially good reason for it, I should 
not feel disposed to ask the committee to pass upon it until Mr, 
Morrison's return. 

Mr. Oglesby. I would like to have Mr. Solberg give us the benefit 
of his opinion. 

Mr. Davis. There are precedents for it. 

Mr. Oglesby. It has not been done for a long time. 

Mr. SoiJ?EJt(i. I ought to answer that witli great caution, but I 
think if that is not done there will be an endeavor to get some protec- 
tion through action under the copyright law, and it seeuis exceedingly 
difficult to deteruiiue that it is going to be i)ossil)le to give the asso- 
ciation the protection they desire, and which they think everybody 
agrees they ought to have, by any amendment of any of the copyi'ight 
laws or by any action under the existing law?. 

Ml". Davis. I have been so informed. 

Mr. SoLBEiJc;. And it is for this reason that t\w bill, as I understand 
it, was proi)ose(l. And it is probably mainly a con.'-titutional ques- 
tion as to the foi'ui of the bill and. consequently, whether it can be 
so framed as not to lead to a flood of other bills proposing extensions 
of expired patents. But I think everyone is desii'ous that the asso- 
ciation should be pr(.tecte(]. 

Mr. Davis. The (juestion of commei'cialism enter.- into most patents 
protecting people's I'ights. Is not that the main idea of the issuance 
of patents? Thei'e is no s[)ecial benefit to this except as a matter 
of lumer and dignity to the Daughters of the American Revolution. 
I think that makes it an exceptional case. 

Xow. Mr. Chairman, in order to make it UKtre clear to youi'self 
and the committee, and in order to show the real object of the asso- 
ciation and that commercialism has no part therein I desire to insert 
as part of my statement the following from the constitution of the 
Daughters of the American Kevobition: 

Tlie (»l).)octs of this society aiv: 

(1) To perpetuate tlie memory of tlu- spirit of tlie liieii :ui<l women who 
nchievtHl .Vmericiin iiidependeiue. by the iic(iuisitioii aiid protection of historical 
spots, and the erection of momnnents ; by tiie encourairement f»f historical re- 
search in relation to the Revolution and the publication of its results; by the 
preservation of documents and relics, and of the records of the individual 
services of Kevolutionaiy soldit>rs and patriots: and by the promotion of celebra- 
tions of all patriotic anniversaries. 

(2) To cari-y out the injunction of Washington in his farewell address 
to the .\merican jieople, " to promote, an an object of lu'imary importance, in- 
stitutions for the general diffusion of knowledge." thus developing an en- 
lightened i>ublic opinion, and affording to young and old such advantages as 
shall devi'lop in tluMii the largest caiia<'ily for ])erf<)rming the duties of .\merican 
citizens. 

(3) To cherish, maintain, and extend the institutions of .\nierioan free<lom, 
to foster true i)atriotism and love of country, and to aid in secuiMng for man- 
kind all the blessings of liberty. 

I am \('i\ iinicli dbljged to von. "entlemen. 



6 INSIGNIA OF THE DAUGHTERS OF THE AMEFJCAN REVOLUTION. 

Mr. Oglesby. While Ave are on the subject, we have two or three 
good patent laAvyers here. If any of you gentlemen see any objec- 
tion to the extension of patents of this kind or see where it might 
run us onto the rocks, we would be glad to get a little advice. 

Mr. Bradford. Mr. Chairman, if you want the result of some 
thought that I have given to these same questions, I might make a 
short statement. I had the question put up to me about a year ago 
by a society as to whether or not it was advisable to take a patent 
for a badge of this same general character, and I advised against it, 
my opinion being that the courts would protect the rights of these 
societies under the common law and i)revent any use by others that 
Avould be in conflict with the rights of the owners. It is purely a 
society badge, it is pui-ely a private matter, and I do not believe that 
the courts would recognize the right of anyone to violate those rights 
by adopting or copying the badge and putting it into commercial 
use. The rights are akin to trade-mark rights rather than patent 
rights, and trade-mark rights do run perpetually. There is no 
reason why the Society of the Daughters of the American Revolu- 
tion or any other society should not have a permanent right in any 
insignia which is adopted as the characterization of that society. 

Mr. Ogt.esby. It might be applied to another art. 

Mr. Bradford. These are symbolic badges, symbolizing the princi- 
ples or the i^recepts of the society in which they indicate member- 
ship. 

Mr. Oglesby. As you probably knoAv, we have a bill under con- 
sideration now. to which we have given a good deal of attention, to 
forbid the giving of copyright protection to manufacturers of 
whisky and l)eer and other articles of commerce under the name 
" Quaker." Tlie Quakers are trying to stop the use of their church 
name. 

Mr. Bradford. It is not the Quaker church, is it, that is behind 
that bill ? Is it not the Quaker Oats Co. ? 

Mr. Oglesby. The Quaker Society, or the Society of Friends, is 
pushing the bill to forbid the copyrighting of their name; that is, 
the bill applies to any religious society or any society of this kind. 
So if that bill were ])asse(l it would ]7revent anvbody from getting a 
copyright on '' D. A. E. Oats" or ;' D. A. E. Baby "Food." 

Mr. Bradford. Eeferring again for a moment to the merits of this 
particular bill, you are confronted with this situation : They did 
voluntarily a.vail themselves of the ])rovisions of the design patent 
statute. They took a ]:)atent for 14 years. Under their contract 
with the public the subject matter of that patent is now free; it is 
in the i^ublic domain and anyone has the right to use it. It seems 
to me the only jH-otection they can now get is through an appeal to 
Congress such as they have made. 

Mr. Carter. Could not that name be trade-marked? 

Mr. Bradford. Xot now. You can not bv trade-mark prolong a 
patent monopoly. 

Mr. Oglesby. I assume this is the only way they can get protec- 
tion^ — by an act of Congress. 

Mr. Bradford. I can see no reason in the world why they should 
not have an extension for 100 years. 

Mr. (tlyxx. This would do no harm, notwithstanding the other 
method would have been a better way of getting at it 



INSIGNIA OF Till-: DAUGHTERS OF THE AMERICAN REVOLUTION. 7 

Mr. l)i:Ai)i'()iti). If they had adopted it in the beginning. 

^Ir. 8:mitii. It would be better for them anyway to get an aet 
of Congress, since they are an organization of national character. 
There is no organization simihir to it, except the Daughters of the 
Confederacy. It seems to me it would be a nice thing to give it to 
them. 

Mr. Bkadkoim). It is theii' own concern, and the public has really 
no concern in it at all. 

Mr. DoDsox. The law on the subject, Mr. Chairman, is so clear 
where a person elects to choose statutory rather than connnon-law 
protection, it seems to me that is an added reason why, having for- 
feited the connnon-law i-ights, the}' ought to be protected by this 
bill. It is not a matter of money to anyone. It seems to me a very 
meritorious thing, because we are all fond of the Daughters of the 
American Eevolution as a society. 

(Thereupon the committee proceeded to the consideration of other 
business.) 



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